Gig Workers Tribunal Rules On Three Disputes Involving Grabcar - KESUMA

PUTRAJAYA, Nov 7 (Bernama) -- The Gig Workers Tribunal (TPG) has ruled on three disputes involving e-hailing drivers and GrabCar Sdn Bhd, including awarding RM2,000 in compensation to one driver while upholding the deactivation of another driver's account over misconduct involving passengers.

The Human Resources Ministry (KESUMA) said in a statement today that the three cases involved financial claims, the handling of digital platform systems and the deactivation of a driver's account, which TPG deputy president Dr Suzarika Sahak heard.

According to KESUMA, the tribunal partially upheld an e-hailing driver's financial claim against GrabCar in the first case, involving earnings from Saver bookings and the 'Cashback and Advance Booking' incentive.

"The tribunal also awarded RM2,000 in compensation, together with interest at eight per cent per annum until full settlement.

"The tribunal also found that GrabCar's use of the 'Auto Accept' and 'Fast Cancel' mechanisms on its digital platform violated Section 8(1)(b) and (c) of the Gig Workers Act 2025 (Act 872)," the ministry said, noting that the provisions safeguard gig workers' right to know the type of service and the agreed payment before accepting a job.

In the second case, another e-hailing driver brought seven non-financial claims against GrabCar over how it handled and operated its digital platform.

"The tribunal found three breaches of Act 872, relating to temporary booking pauses, booking cancellation quotas and the 'Auto Accept' system," it said, adding that the temporary suspension of bookings and the platform's failure to explain the terms and duration of the measure were found to contravene Section 8(1)(a) and Section 8(2)(a) and (b) of the Act.

"The tribunal also found that the failure to clearly explain how cancellation quotas are set, what happens when the quota is reached and the options for cancelling bookings for reasonable reasons violated Section 8(2)(a) and (b) of the Act," it said.

The statement also said that the operation of the 'Auto Accept' system, which resulted in bookings being accepted before drivers were informed of the type of service and the earnings offered, was also found to breach Section 8(1)(b) and (c) of Act 872.

In both cases, the tribunal recommended improvements under Subsection 42(3) of Act 872, including ensuring drivers are informed of the type of service and earnings before accepting a booking and given a reasonable and safe window to cancel, KESUMA said.

"The tribunal further recommended clearer terms governing temporary booking pauses, cancellation quotas, incentive programmes and booking restrictions, as well as better access to platform support personnel and a human review process for decisions made by automated systems," it said.

In the third case, the tribunal upheld GrabCar's decision to permanently deactivate a driver's account after finding evidence of three incidents of misconduct towards passengers, involving inappropriate conversations, intimidating or threatening behaviour, and unwarranted personal questions.

"Although the deactivation of an account may affect a driver's livelihood, the tribunal held that passenger safety and well-being must not be compromised. The driver's claim was therefore dismissed," KESUMA said.

The ministry emphasised that the three decisions reflected the tribunal's balanced approach to upholding gig workers' rights, ensuring passenger safety and protecting the interests of e-hailing platform operators.

The ministry also pledged to strengthen enforcement of Act 872 through the TPG, an independent, fair and effective mechanism for resolving disputes, to support a more transparent, sustainable and accountable gig economy.

-- BERNAMA